Jenner & Block

Victory for Jay Z Named One of the Daily Journal’s “Top Defense Results”

Jenner & Block’s victory for rapper Jay Z in a copyright infringement dispute has been recognized as among the “Top Defense Results” of 2015 by the Daily Journal.  The report lists “the largest and most significant trial verdicts, appellate reversals, and defense wins in 2015.”  Plaintiff Osama Ahmed Fahmy claimed that Jay Z’s hit song “Big Pimpin” infringed on a song called “Khosara, Khosara,” which was composed by Fahmy’s deceased uncle Baligh Hamdy in the late 1950s.  “The plaintiff sought millions of dollars from the defendants’ profits and an order barring the further sale or distribution of the recording and the destruction of all records containing the song,” according to the Daily Journal.  But in October 2015,  US District Judge Christina A. Snyder ruled that Fahmy lacked standing to pursue his claims because he had contracted away his rights to “Khosara, Khosara.”  In proposing a final judgment in the case, Fahmy argued that the dismissal of his complaint should be without prejudice.  The defendants responded that the finding that Fahmy lacked statutory standing to assert his claim was a holding on the merits and that unless the action was dismissed with prejudice,  the ruling could prompt another lawsuit.  On February 2, 2016, Judge Snyder dismissed the suit with prejudice, ruling that the dismissal for lack of standing was a finding on the merits.  The team representing Jay Z included Partners Andrew H. Bart, Daniel A. Rozansky and L. David Russell and Associate Alexander M. Smith.